Tag: Akta Orang Kurang Upaya 2008

The Ministry of Tourism Malaysia spent RM7mil on the expansion of the Penang Botanic Gardens. It was completed last year. Two controversial arches were built at a cost of RM150,000 at the Penang Water Garden located beside the car park and just outside the old garden gates. Those two arches were later demolished following public outroar that they were unsightly and does not blend into the landscape. One of the arches was said to be tilting. The ministry allocated another RM70,000 for the demolition works.

News report mentioned that Penang Water Garden houses a complex of seven ponds, that altogether, cover the size of half a football field. This part of the expansion costs RM1.5mil. The ponds were cultivated with giant Victoria amazonica water lilies, lotuses and water plants. The Penang Water Garden is said to be the largest water garden in Malaysia.

No way for wheelchair user to get up the kerb and to the ramp at Penang Water Garden.Photo by Wuan.

The Water Garden consists of several levels. There were two gentle ramps connecting the different levels. What exasperated me was that there were no ramps for wheelchair users to go up the kerbs from the road. One would expect that the Ministry of Tourism, Department of Irrigation and Drainage and other agencies responsible for this project would have the mind to include proper accessible facilities for disabled people visiting the gardens.

Unfortunately, RM220,000 was frittered away in building and then demolishing the arches while access needs of disabled visitors were not given due consideration at all. This is most disappointing especially when the Penang Botanic Gardens is popular among Penangites and tourists alike, and also the fact that the Persons with Disabilities Act has been in force since 2008.

Prime Minister Datuk Seri Najib Tun Razak invited Malaysians on Facebook and Twitter to ask him questions from 4.30 pm to 5.30 pm today. The Twitter hashtag is #tanyanajib while questions through Facebook can be submitted at www.facebook.com/najibrazak. I have never seen a Twitter timeline scroll down so fast. Due to the overwhelming response, the time to pose questions was extended to 6.00 pm.

I thought that this would be a good opportunity to pose the questions on longstanding disability issues to him and see if he responds. These issues are, after all, not new but ones that have gone unresolved for the longest time. Will Najib address any of them? Time will tell. By the way, at this moment, #tanyanajib is trending in ninth position worldwide. We sure have a lot of questions for the Prime Minister!

#tanyanajib Why are roads in KL full of potholes? Dangerous to motorcyclists. DBKL not doing a good job.

#tanyanajib Why is Prasarana/RapidKL so reluctant in using non-step buses? We don’t need to reinvent the wheel. Look at Japan and Australia.

#tanyanajib Why is full relief on income tax not given to purchase of rehabilitative and support equipment for disabled people?

#tanyanajib Will you amend UBBL 34A to make it COMPULSORY for all buildings and street environment to have access for disabled people?

#tanyanajib Will the MRT be barrier-free?

#tanyanajib What is the govt doing to prevent abuse of parking and toilet for disabled people?

#tanyanajib Public transport is not accessible. Disabled people stuck at home. What is the govt doing to resolve this?

#tanyanajib Will Malaysia enact punitive anti-discrimination law to protect the rights of disabled people?

#tanyanajib Join OKUs on a wheelchair ride around KL to experience the mega-problems we face everyday. Not much has changed since Akta OKU.

#tanyanajib Is the govt changing “orang kurang upaya” to something more empowering? We certainly are not people of lesser abilities.

What is the govt’s plan in making Malaysia barrier free? If yes, is there a time frame to it? #tanyanajib @ShahrizatJalil

On 10 December this year, the Bar Council Human Rights Committee once again joins the rest of the world in celebrating Human Rights Day.

Our focus this year is on the rights of persons with disabilities.

Malaysia recently ratified the Convention on the Rights of Persons with Disabilities (“CRPD”). While the Malaysian Bar welcomes this move, there are still grave concerns on the Government’s reservations to Article 3 on general principles, Article 5 on equality and non-discrimination, Article 15 on freedom from torture or cruel, inhuman or degrading treatment or punishment, Article 18 on liberty of movement and nationality, and Article 30 on participation in cultural life, recreation, leisure and sport.

Malaysia has also not signed or ratified the Optional Protocols of CRPD, which grant specific rights to the citizens/residents of a country to refer their government to the international supervisory committee for non-compliance with any of the articles.

Locally, the Persons with Disabilities Act 2008 has yet to be amended to provide for any form of punishment or remedy for breaches.

These are fundamental issues that need to be addressed, to give full force and effect to the CRPD, without which the rights of persons with disabilities in this country are not even close to being fully acknowledged, what more protected.

Aimed at raising public awareness on rights of persons with disabilities, “Against All Odds” will feature a Public Forum on Persons with Disabilities Act 2008 that will take place on 12 December 2010 (Sunday) from 2:00 pm to 5:00 pm at the Bar Council Auditorium, No 15, Leboh Pasar Besar, 50050 Kuala Lumpur.

Invited panellists, and the topics of discussion, are:

(a) Professor Dr Tiun Ling Ta, President, Persatuan Orang Cacat Anggota Malaysia: “Opportunities in education – early, primary, secondary and tertiary”;
(b) Zakaria b Yahaya, Teacher, Sekolah Menengah Pendidikan Khas Setapak, Kuala Lumpur: “Observation and expectation from the vocational and recreational perspectives”;
(c) Helen Chin, advocate and solicitor: “Malaysia’s ratification of the UN Convention on the Rights of Persons with Disabilities and human rights for the disabled community in Malaysia”;
(d) A representative from the Human Rights Commission of Malaysia (SUHAKAM) (TBC): “Commitments by the government ministries and agencies”; and
(e) A representative from the Ministry of Women, Family and Community Development (TBC): “Enjoying life from human rights perspectives”.

The forum will be conducted in both Bahasa Malaysia and English.

After a successful inaugural event in 2008, the Bar Council Human Rights Debate is now being featured again in conjunction with the Human Rights Day celebrations. It is a three-day event that will be held from 10-12 December 2010 (Friday to Sunday) at KDU University College, Section 13 Campus, No 76, Jalan Universiti, Petaling Jaya, Selangor.

Aimed at promoting free speech and creating greater awareness and education of human rights standards, while at the same time advocating important principles of international rights law, the theme for this year’s Human Rights Debate is “Against All Odds – Making a Difference for Human Rights”.

Out of RM30,000.00 prize money allocated from registration fees and corporate sponsorships, RM25,000.00 will be donated equally to five institutions caring or advocating for persons with disabilities from all over the country, to be selected by the Bar Council Human Rights Committee. The remaining RM5,000.00 will be awarded as prize money to the champion of the tournament.

Teams from 18 institutions, including some from India, Bangladesh, Philippines and Singapore, as well as local universities such as Universiti Malaya and Universiti Putra Malaysia, have registered for the tournament.

This is a unique debating tournament, the first in the world to be hosted by a statutory body of legal professionals.

Admission to both the public forum and the human rights debate tournament is free, and open to the public. Due to limited space, pre-registration is required in order to attend the public forum. To register, please contact Adi Irman by telephone at 03-2031 3003 ext 105 or by email at adi@malaysianbar.org.my.